DUCKWORTH, Chief Justice.
1. The notation on the bill of exceptions by Judge Alverson that Judge Pye, the presiding judge, was out of the circuit on July 3, 1958 — the date on which counsel had notified opposing counsel that he was tendering the bill of exceptions — together with the certificate by Judge Pye that he was without the circuit at the actual time it was tendered, shows clearly that the "tender" to the Clerk
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